BILL NUMBER: SB 568	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Alarcon

                        FEBRUARY 23, 1999

   An act to amend the heading of Chapter 1 (commencing with Section
8006) of Part 6 of, to amend and renumber Sections 8970, 8971, 8972,
8973, and 8974 of, to add Chapter 1 (commencing with Section 7500) to
Part 6 of, and to repeal the heading of Chapter 8 (commencing with
Section 8970) of Part 6 of, the Education Code, relating to early
childhood education, and declaring the urgency thereof, to take
effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 568, as introduced, Alarcon.  Foundations for Learning.
   (1) Existing law, known as the Child Care and Development Services
Act, provides for a system of child care and development services by
public and private child care providers.
   This bill would require the Superintendent of Public Instruction
to develop a master plan to provide for the study, encouragement, and
establishment of foundations for learning and school success for
infants and children to 6 years of age.  The bill would also require
the Superintendent of Public Instruction, on or before July 1, 2000,
to review various child care and development programs and make
recommendations to the Legislature regarding these programs, and
would require the Superintendent of Public Instruction and the
California Children and Families First Commission to ensure that
programs administered by each entity that are developmental and
preparatory to, or targeted toward, success in elementary education
are integrated and are not duplicated.
   (2) Existing law, a chapter known as the California Children and
Families First Act of 1998, provides for the creation of a program in
the state for the purposes of promoting, supporting, and improving
the early development of children from the prenatal stage to 5 years
of age.
   This bill would reenact this act in another location in the
Education Code with the provisions described in (1).
   (3) The bill would declare that it would take effect immediately
as an urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 1 (commencing with Section 7500) is added to
Part 6 of the Education Code, to read:
      CHAPTER 1.  FOUNDATIONS FOR LEARNING

   7500.  This chapter shall be known, and may be cited, as
Foundations for Learning.
   7502.  The Legislature finds and declares all of the following:
   (a) Scientific study of brain development and research on early
childhood learning have shown that a child's ability to learn,
interact in learning, and attitude toward learning are shaped for
life before the age of six.
   (b) Between birth and age six, the foundation for learning is laid
and that additional foundations must be laid carefully and
progressively.
   (c) Parents or guardians are the primary educators of their
children and the role of public education is to collaborate with
parents or guardians to enable positive nurturing and development.
   (d) The People of California, by the passage of the California
Children and Families First Act of 1998, expressed their concern for
and interest in the early childhood development of all California's
children.
   (e) Economic conditions today require increasing numbers of
parents or guardians to work and be away from their children, and
that it is in the interest of this state that children of such
parents or guardians, particularly CalWORKS recipients and the
working poor, build the foundations for school success and future
learning.
   7508.  (a) The Superintendent of Public Instruction shall develop
a master plan to provide for the study, encouragement, and
establishment of foundations for learning and school success for
infants and children to six years of age in California.  The plan may
include, but is not necessarily limited to, preelementary and
elementary activities that do all of the following:
   (1) Build upon research findings in cognitive function and
cognitive development.
   (2) Maximize parental choice, foster parent-teacher partnerships,
and provide parents guidance and education on child development.
   (3) Emphasize learning and socially rich environments and early
literacy skills.
   (4) Encourage professionalism of staff and teacher-child ratios.
   (5) Provide public education on early foundations for learning.
   (b) In developing the master plan, the Superintendent of Public
Instruction shall seek the advice and input of the public and private
organizations that provide early learning and child development
services for the children of California.
   7510.  (a) On or before July 1, 2000, the Superintendent of Public
Instruction shall review the findings of past and current projects
for early education and education transition and make recommendations
to the Legislature regarding proposed effective "foundations for
learning" strategies, methods for transitioning to the school
environment, best practices, and methods for measuring desired
results.
   (b) The review required by this section shall include, but not
necessarily be limited to, the results of child care and development
programs for the working poor and CalWORKS participants established
pursuant to Chapter 2 (commencing with Section 8200), early primary
programs established pursuant to this chapter, effective educational
programs and practices established pursuant to Article 1.5
(commencing with Section 33320) of Chapter 3 of Part 20, the early
intervention for school success programs, established pursuant to
Article 4.5 (commencing with Section 54685) of Chapter 9 of Part 29,
and the early education for individuals with exceptional needs
program, established pursuant to Chapter 4.4 (commencing with Section
56425) of Part 30.
   (c) It is the intent of the Legislature that the many disparate
programs, pilot projects, studies, and prior recommendations be
brought into a unified and consolidated plan of action for young
children and their families.
   (d) It is the intent of the Legislature that funding for the
requirements of this section be allocated from federal funds
appropriated to the State Department of Education pursuant to Item
6110-196-0890 of the annual Budget Act.
   7518.  (a) The Superintendent of Public Instruction shall
coordinate with the California Children and Families First
Commission, established pursuant to Section 130110 of the Health and
Safety Code to ensure that programs administered by each entity that
are developmental and preparatory to, or targeted toward, success in
elementary education are integrated and not duplicative.
   (b) The California Children and Families First Act of 1998
requires that any funding raised by the act shall be used only to
supplement existing levels of service and not to fund existing levels
of service.  The superintendent and the commission shall regularly
monitor the programs referenced in Section 7510, and other relevant
sections of current law, to ensure the intent of the act with regard
to supplantation is met.
  SEC. 2.  Section 8970 of the Education Code is amended and
renumbered, to be added to Chapter 1 (commencing with Section 7500)
of Part 6 of the Education Code, to read:  
   8970.  
   7504.   The Legislature hereby finds and declares all of the
following:
   (a) The Superintendent of Public Instruction convened a Task Force
on School Readiness that prepared a report which included the
following findings and recommendations:
   (1) Preschool and kindergarten programs have become more
academically oriented with an emphasis on paper and pencil "seat work"
and a decreased emphasis on other essential age-appropriate
curricular elements such as language development; familiarity with
stories, music, and oral language experiences; artistic exploration;
social interaction; and large muscle development.
   (2) Assessment tests of questionable validity and reliability are
being used to delay children's entrance to kindergarten or to place
them in a two-year kindergarten.
   (3) An appropriate, integrated experiential curriculum should be
provided for children in preschool, kindergarten, and grades 1 to 3,
inclusive.
   (4) Programs should meet the special needs of our culturally and
linguistically diverse pupils as well as the needs of exceptional
children.
   (5) Classroom organization and teaching methods should reflect the
heterogeneous skills and abilities of children in early primary
programs.
   (6) School districts should be encouraged to develop communication
about linkages between programs for four-year-olds, early primary
programs, and the primary and intermediate grades of elementary
schools.
   (7) The staff of early primary programs should receive appropriate
education, training, and remuneration.
   (8) Programs should be offered full-day and also should provide
before-and after-school care.
   (9) Assessment methods of children in early primary programs
should be drastically altered.
   (10) Parental involvement should be encouraged.
   (11) A public awareness campaign should be launched describing
appropriate learning practices for children in preschool,
kindergarten, and grades 1 to 3, inclusive.
   (b) The Superintendent of Public Instruction issued a Triennial
Report on Publicly Funded Child Development Programs that documents
the increasing numbers of low-income families eligible but unserved
by limited preschool and child care funds, and that presents policy
implications for staffing and funding issues.
   (c) National studies show future benefits of early intervention
programs to society and immediate advantages to California employers
in the form of reduced absenteeism, improved worker morale, and
increased productivity.
   (d) It is the intent of the Legislature that activities initiated
as a result of this chapter shall continue without regard to fiscal
year depending, when necessary, on continued funding.
   (e) It is the intent of the Legislature that school districts that
establish an early primary program coordinate that program, whenever
possible, with the Demonstration in Restructuring of Public
Education program, established pursuant to Chapter 9 (commencing with
Section 58900) of Part 31 and, where applicable, with the county
interagency children's services coordinating council, established
pursuant to Article 2 (commencing with Section  18986.10)
  18986)  of Chapter 12.8 of Part 6 of Division 9
of the Welfare and Institutions Code.
  SEC. 3.  Section 8971 of the Education Code is amended and
renumbered, to be added to Chapter 1 (commencing with Section 7500)
of Part 6 of the Education Code, to read:  
   8971.  
   7506.   As used in this chapter, the following terms shall
have the following meanings:
   (a) "Child development program" means a full-day or part-day
comprehensive developmental program for children ages 0 to 14 years
that is administered by the State Department of Education.
   (b) "Early primary program," means an integrated, experiential,
and developmentally appropriate educational program for children in
preschool, kindergarten, and grades 1 to 3, inclusive, that
incorporates various instructional strategies and authentic
assessment practices, including educationally appropriate curricula,
heterogeneous groupings, active learning activities, oral language
development, small-group instruction, peer interaction, use of
concrete manipulative materials in the classroom, planned
articulation among preschool, kindergarten and primary grades, and
parent involvement and education.
   (c) "Integrated, experiential, and developmentally appropriate
educational program" means a program that is designed around the
abilities and interests of the children in the program and one in
which children learn about the various subjects simultaneously, as
opposed to segmented courses, and through "hands-on" or "active
learning" teaching methods that are more appropriate for young
children than the academic "textbook" approach.
   (d) "Preschool program" means a comprehensive developmental
program for children who are too young to enroll in kindergarten.
   (e) "Portfolio material" means a selection of representative
samples of the child's performance within the program setting that
may include, but not be limited to, teacher observations, work
samples, developmental profiles, photographs, and audio or video
tapes that present a picture of the child's progress over time.
   (f) "School district" includes county offices of education.
   (g) "State preschool program," means a part-day comprehensive
developmental program for children three to five years of age from
low-income families, administered by the State Department of
Education.
  SEC. 4.  Section 8972 of the Education Code is amended and
renumbered, to be added to Chapter 1 (commencing with Section 7500)
of Part 6 of the Education Code, to read: 
   8972.  
   7512.   (a) The governing board of any school district may
establish an early primary program consisting of same-age pupils or
any combination of state preschool or child development program,
kindergarten, first, second, or third grade pupils, based on an
integrated, experiential, and developmentally appropriate educational
program.  Parent education and parent involvement shall be an
integral part of the program.
   (b) Observation of a child over time and the use of portfolio
material shall be the primary sources of assessment information for
making curricular decisions in early primary programs.
   (c) Standardized assessment tests may be used for diagnostic
purposes only, provided those tests have been demonstrated to be
nonbiased, valid, and reliable.  These tests shall not be used to
deny admission.
  SEC. 5.  Section 8973 of the Education Code is amended and
renumbered, to be added to Chapter 1 (commencing with Section 7500)
of Part 6 of the Education Code, to read: 
   8973.  
   7514.   Notwithstanding any other provision of law, the
kindergarten schoolday in an early primary program conducted pursuant
to Section  8972   7512  may exceed four
hours, exclusive of recesses, provided that both of the following
conditions are met:
   (a) The governing board of a school district declares that the
extended-day kindergarten program does not exceed the length of the
primary schoolday.
   (b) The extended-day kindergarten program takes into account ample
opportunity for both active and quiet activities within an
integrated, experiential, and developmentally appropriate educational
program.
  SEC. 6.  Section 8974 of the Education Code is amended and
renumbered, to be added to Chapter 1 (commencing with Section 7500)
of Part 6 of the Education Code, to read: 
   8974.  
   7516.   School districts with early primary programs shall
provide educational continuity from preschool through kindergarten
and grades 1 to 3, inclusive, by accomplishing the following:
   (a) Establish connections with public preschool programs,
including state preschool, state child development, and federal Head
Start programs, to establish a more effective transition of children
from preschool to kindergarten.
   (b) Promote connections among early primary programs that provide
before- and after-school services.
   (c) Promote joint activities for teachers and administrators of
public preschool programs, including state preschool, state child
development, and federal Head Start, and kindergarten and grades 1 to
3, inclusive, in areas such as program planning and staff
development training related to developmentally appropriate
curriculum and assessment practices for young children.
  SEC. 7.  The heading of Chapter 1 (commencing with Section 8006) of
Part 6 of the Education Code is amended to read:

      CHAPTER  1.   1.5.   VOCATIONAL
EDUCATION

  SEC. 8.  The heading of Chapter 8 (commencing with Section 8970) of
Part 6 of the Education Code is repealed.
  SEC. 9.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to provide for the establishment of a master plan for
foundations for learning and school success for infants and children
six years of age and younger at the earliest possible date, it is
necessary that this act take effect immediately.